Social Security appeal - Is it better to appeal or file a new claim if your disability is denied?

Generally, it is better to appeal your claim denial instead of filing a new disability application. The Social Security disability process begins with an initial disability claim that is filed at a social security office. However, the decision on the case is not made there. The social security disability or SSI claim is sent to a state disability processing agency for a medical determination.

In other words, this is where a decision is made as to whether or not a case will be approved. If the initial claim is denied, you should the appeal process by filing a reconsideration appeal. This is formally known as a request for reconsideration and it can be filed by either you or your disability attorney.

Why is it important to appeal your disability claim instead of starting with a new application? Because there is, in most cases, no point to filing a new application. The chances are great if you are denied at the initial application level that you will be denied again on a second initial claim or on even a third initial claim.

Consequently, you should move your disability claim to the reconsideration appeal level. The chances, are also great, of course, that your case will be denied again at this level. But, despite that fact, it will move your case one level closer to an administrative law judge hearing.

The administrative law judge hearing is often an individualís best chance to receive an allowance for Social Security disability, due to the fact that administrative law judges have more flexibility in making a disability determination than the individuals who work on claims at state disability processing agencies.

The administrative law judge hearing may be the only chance an individual has of getting approval for Social Security disability benefits. This is especially true for younger individuals who often have a more difficult time receiving an allowance for Social Security disability because of medical and vocational disability rules that are more sympathetic to older individuals.